Allowed

Buldana Urban Charitable Trust v. Environment Department Government of Maharashtra

NGT15 Jan 2025Original Application No. 6/2025

Case brief

AI extract

What is this about?

The National Green Tribunal discussed an application regarding noise pollution from a constructed hall. It clarified procedural defects regarding the respondent's address and allowed the applicant to withdraw the application to file a fresh one with proper details.

What did the court decide?

Permission granted to withdraw the original application with liberty to file a fresh application with full details

Buldana Urban Charitable Trust vs Environment Department… — Writ and Judicial Review | NGT (2025)

¶1

(Pune Bench)

¶2

Item No.3

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

¶4

[Through Physical Hearing (with Hybrid Option)]

¶5

ORIGINAL APPLICATION NO.06 OF 2025 (WZ) [Earlier Diary No.270413800781 of 2024]

¶6

Buldana Urban Charitable Trust

¶7

… Applicant

¶8

Versus

¶9

State of Maharashtra & Ors.

¶10

… Respondents

¶11

Date of Hearing : 15.01.2025

¶12

CORAM : HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

¶13

Applicant : Mr. Jitendra Kothari, Advocate

¶14

ORDER

¶15

In the present application, the prayer is made by the applicant for a direction to be issued to the non-applicants (orally it is stated by the learned counsel for the applicant that a direction is sought to respondent No. 6 – Shrikant Gajanan Jaybhay) not to use the D.J. Player during the procession and make noise pollution. When we enquired from the learned counsel as to where this pollution is being caused, he pointed out that respondent No.6 has constructed a Mangalkaryalaya and Lawns (Marriage Hall) at Gut No.72 in the jurisdiction of Village Panchayat, Yelgaon, where due to beating of drums, etc., noise pollution is being done, which needs to be stopped.

¶16

At this stage, we enquired from the learned counsel as to what is the ground on which he has moved this application and that there must be some guidelines which have been violated by respondent No.6 and the same should have been mentioned in the Original Application, whereupon the learned counsel drew our attention to the representation dated 09.08.2024 (pages 80 to 83 of the paper-book) made by the applicant before the District Magistrate, Buldhana, seeking declaration of the place in question as silence zone, but we do not find the same to have been written clearly in the said document.

¶17

Page 1 of 2

¶18

We also find that the full address of respondent No.6 i.e. District and Taluka have not been mentioned in the array of parties. So for want of correct address of respondent No.6, it would not be possible for this Tribunal to direct effecting service of notice upon the said respondent. Therefore, the amendment in the address of respondent No.6 is necessary to be made by the applicant.

¶19

At this juncture, learned counsel for the applicant seeks permission of this Tribunal to withdraw this Original Application with liberty to file properly worded Original Application with full details . We allow his request, subject to limitation and dismiss this Original Application with liberty to the applicant to file fresh Original Application, as prayed for.

¶20

Dinesh Kumar Singh, JM

¶21

Dr. Vijay Kulkarni, EM

¶22

January 15, 2025 ORIGINAL APPLICATION NO.06 OF 2025 (WZ) npj

¶23

Page 2 of 2

Buldana Urban Charitable Trust v. Environment Department Government of Maharashtra

Case brief

What is this about?

What did the court decide?

Buldana Urban Charitable Trust v. Environment Department Government of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Sampat Baburao Mirghe vs Mr. Chandrakant Kundalmal Sancheti

News Item Titled "Mp Supriya Sule Expressed Concern Over Medical Waste Dumping" Appearing in the Hindustan Times Dated 18.12.2024 vs

News Item Titled "Chennai Citizen Connect Ambattur Residents Cry Foul as Sewage from Gated Community Pollutes Area" Appearing in Dtnext Dated 17.12.2024 vs

News Item Titled ;Kodo Poisoning Behind Elephant Deaths in MpS Bandhavgarh All You Need to Know ; Appearing in CNBCTV18.COM vs Principal Chief Conservator of Forest

Vangalapudi Baburao vs Union of India

News Item Titled "Iaf Helicopter Roped in to Douse Fire in Nainital as Situation Worsens in Uttarakhand District" Appearing in the Times of India Dated 27.04.2024 vs

Manoj Singh Negi vs Ministry of Environment Forest and Climate Change

Shree Nageshwar Singh Shikshan Prashikshan Mahavidyalaya Gadwara Pratapgarh through Manager vs Uttar Pradesh Pollution Control Board Prayagraj

Sampat Baburao Mirghe vs Mr. Chandrakant Kundalmal Sancheti

Yogesh Pratap Singh vs the Secretary Ministry of Environment Forests and Climate Change

News Item Titled Encroachments in Tungareshwar Driving Away Wild Animals Appearing in the Hindustan Times Dated 27.04.2024 vs Principal Chief Conservator of Forests (H.O.O.F.) Maharashtra

Shchem Corporation vs Gujarat Pollution Control Board

Anita Kakkad vs the Secretary